What is the legal test used to obtain discovery from a peace officer's personnel records?

California, United States of America


The following excerpt is from People v. Martin, B230257 (Cal. App. 2012):

The statutory scheme for Pitchess motions is contained in Evidence Code sections 1043 through 1047 and Penal Code sections 832.5, 832.7 and 832.8. (People v. Mooc, supra, 26 Cal.4th at p. 1226.) A defendant, in order to seek discovery from a peace officer's personnel records, must file a written motion that satisfies certain prerequisites and makes a preliminary showing of good cause. (Ibid.) If the trial court concludes that good cause has been established, the custodian of records brings "all documents 'potentially relevant' to the defendant's motion. [Citation.]" (Ibid.) The trial court shall then examine these documents in camera and, subject to certain statutory exceptions and limitations, shall disclose to the defendant "'such information [that] is relevant to the subject matter involved in the pending litigation.' [Citation.]" (Ibid.) "The trial court 'shall exclude from disclosure: [] (1) Information consisting of complaints concerning conduct occurring more than five years before the event or transaction which is the subject of the litigation in aid of which discovery or disclosure is sought. [] (2) In any criminal proceeding the conclusions of any officer

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